False Affidavit?

[benstill]

What is the name of your state? VA

A friend was arrested because he gave a false affidavit, that's all I know regarding the charges. I wasn't able to get more info, they told me the details will be disclosed on his hearing. He has been assigned a court date for next week and no one can see him until next Mon and Tue. I don't know any more details but I'm wondering what are we looking at here in regards of the max and min penalty he can get, possible bail, or the magnitude of the charges.

Also, at this point I'm not sure how to help him, any advice in general will be appreciated.

Thanks

 

[Some Random Guy]

Here is a guess at what he is facing. If you have more facts after the hearing, come on back.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-460

§ 18.2-460. Obstructing justice; penalty.

**************

D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.

Penalties:
§ 18.2-11. Punishment for conviction of misdemeanor.

The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.

(c) For Class 3 misdemeanors, a fine of not more than $500.

(d) For Class 4 misdemeanors, a fine of not more than $250.

For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.

 

[benstill]

Thanks for the reply.

I got more details now. It looks he was trying to help someone to get a car and they forged name and address. It looks like the charges are false affidavit and forgery.

Do you know if there is anything I can do to help before the hearing?

 

[FlyingRon]

Is this guy somehow an undocumented immigrant by any chance? What county?

 

[benstill]

No, he is here legally, but I think he was helping immigrants (don't know if legal or illegal) who don't speak english to get insurance for their cars. All these are my thoughts based on incomplete information... just conjectures.

I called again this morning and this is what they told me, they said is a federal case and no more details can be provided, they don't allow communication with the prisoner, the only way to get in touch with him is thru a lawyer.

What do you think? I'm trying to help because I'm the only friend/family he has in the state, but I'm no expert and don't want make mistakes that could harm him more. What is the best way to approach the situation?

Thanks

 

[FlyingRon]

That's what I meant, was he falsely attesting to illegals residence status.
Illegals are a hot issue in the commonwealth as a whole and particularly in certain counties.
If the feds are involved, he's got big headaches.

 

[Some Random Guy]

He needs a lawyer. He needs to find one for himself. If you want to help, then help with his bail money - just don't expect to be repaid.

Its hard for you to make any mistakes in this situation because there is little that you can do. You are not a lawyer and have no rights to contact him or the DA about his case.

 

[benstill]

That's what I meant, was he falsely attesting to illegals residence status.
Illegals are a hot issue in the commonwealth as a whole and particularly in certain counties.
If the feds are involved, he's got big headaches.

I'm not sure if he personally was attesting to illegals residence status, I know he helped them fill the forms and apps, maybe he could have done more than that. Do you think he could get some kind of plea bargain? What kind of penalty do you think he could get?

 

[benstill]

He needs a lawyer. He needs to find one for himself. If you want to help, then help with his bail money - just don't expect to be repaid.

Its hard for you to make any mistakes in this situation because there is little that you can do. You are not a lawyer and have no rights to contact him or the DA about his case.

So he has a chance of bail?
Do you think a public lawyer will do good? or a private lawyer will do better?

 

[seniorjudge]

I'm not sure if he personally was attesting to illegals residence status, I know he helped them fill the forms and apps and then he will go to the dmv and make the payments and stuff, but who knows, he could have done more than that. Do you think he could get some kind of plea bargain? What kind of penalty do you think he could get?

You said you were charged under a federal law.

What is the statute number?

 

[benstill]

Not me... they said is a federal case, but didn't say anything about statute number.

 

[benstill]

He needs a lawyer. He needs to find one for himself. If you want to help, then help with his bail money - just don't expect to be repaid.

Its hard for you to make any mistakes in this situation because there is little that you can do. You are not a lawyer and have no rights to contact him or the DA about his case.

Who has the right to contact the DA about his case or him to help him find a lawyer? I don't think he has anyone to help him and from inside it must be difficult to find a good lawyer.